West Virginia § 48-9-204 - 48-9-204. Criteria for temporary parenting plan.
Full text of West Virginia West Virginia Code § 48-9-204 — 48-9-204. Criteria for temporary parenting plan., with citation guidance and answers to common questions.
§ 48-9-204. 48-9-204. Criteria for temporary parenting plan.
(a) After considering the proposed temporary parenting plan filed pursuant to §48-9-203 of this code and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child, which shall be in writing and contain specific findings of fact upon which the court bases its determinations. In making this determination, the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the last 12 months for performing parenting functions relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least disruption to the child’s emotional stability while the action is pending.
(b) The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
(c) Upon credible evidence of one or more of the circumstances set forth in §48-9-209(a) of this code, the court shall issue a temporary order limiting or denying access to the child as required by that section, in order to protect the child or the other party, pending adjudication of the underlying facts. The temporary order shall be in writing and include specific findings of fact supporting the court’s determination.
(d) Expedited procedures shall be instituted to facilitate the prompt issuance of a parenting plan.
(e) In establishing a temporary parenting plan, there shall be a presumption in favor of equal (50-50) physical custody which is rebuttable by a preponderance of the evidence, to be evaluated and considered in accordance with the criteria set forth in §48-9-209 of this code.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 48-9-204
What does West Virginia Code § 48-9-204 cover?
Section 48-9-204 ("48-9-204. Criteria for temporary parenting plan.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 48-9-204?
A common citation format is "West Virginia Code § 48-9-204" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 48-9-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.